Advice First Time On this Forum Bailiffs Trouble

[smellybella]

Hi,

I hope someone can give me some advice on what to do, I know what not to do when bailiffs arrive at home. Marstons called my employer today, i work in an office and I did not answer the call(so I don't know what he said). I answered the call in a busy office with all my colleagues listening, he was ever so nice, talked very professional and made himself sound like he was calling from the courts, he asked me to call him back straight away as he understood it was embarrassing for me go somewhere private he said and ring me, to which I did.

I listened to what he said : He was in possession of a distress warrant. He had been to my home no answer. He had called my mobile no reply.
he said I had 24hrs to pay before he gained entry. So can I take payment now over the phone or do you want to call me back tomorrow (Saturday) with the payment. At this point I had not said a word, I then asked him where he was calling from, he answered he has been asked by the courts to collect monies for a outstanding fine of £600 ( I actually got fined £300 for sale of a vehicle without a log book). I asked him again where or who he was, he then explained Marstons.

I told him there was no way I had this kind of money, he asked me to borrow it and he would call me tomorrow I told him no he then said I will give you 7days I again said NO, what other options do you have for me ie payment plans (my mind was racing as I was at work wasnt thinking clear) he said there where no options open. I finished the call and said I will deal with courts knowing I couldnt and the call ended.

I came home my son has been in all day (20yrs old), I asked my son had anyone been he said no. There was no letters of this person calling or notification just a call. What should I do - I was going to pay £200 on Monday to the courts has I have a swipe card for the fine. I dont want him calling and taking my car or anything else.

Also how long before he will call me again how much time do I have to go and pay the fine off and will I ow him the extra. Hope you can help Can they call you at work and harrass you like that on a private works number.

Thankyou

Kim

[Guest]

Re: Advice First Time On this Forum Bailiffs Trouble

Pay the fine at the court office that fined you, or pay it online – and get a receipt.

There is usually an ATM-like machine located somewhere in the court lobby, that should allow you to pay fines.

Make a written formal complaint to the court manager, and that should take care of the fees.

The Court Manager
[NAME OF] Magistrates' Court
Address 1
Address 2
Address 3
Postcode

Date

Dear Sir,

Re: [YOUR NAME + FINE REFERENCE] FORMAL COMPLAINT

I received a visit from a man on [DATE] who said his name is Mr. [NAME OF BAILIFF] and that he is bailiff collecting an unpaid fine of [AMOUNT] on your behalf.

I paid the sum of [AMOUNT OF FINE+£275 FEE] and the document said I was liable to pay his fees of [AMOUNT/£85] and a further [AMOUNT/£215] in addition to the fine.

Leaflet EX345, published by the Court Service says Page 5; they do not charge me for the work they do.

I understand the Distress Warrant, issued in the Magistrates Court under Section 76 of the Magistrates Courts Act 1980, did not include an Order for Costs against me and it only orders that I pay the amount I was fined.

No distress was made on my goods, and in any event, the demand for fees was received by post before the bailiff attended my property. As the company said they were your contractor, I accepted the letter as being truthful and honest.
I now understand the contract with HMCTS only enables enforcement contractors to deduct sums from the fine recovered, but there is no clause that enables the contractor to recover more than the amount I was fined, and I am not a signatory of that contract.

To resolve this complaint, [I enclose a proof of payment and] I respectfully ask for a refund of [AMOUNT]

Yours Faithfully


[NAME]

[smellybella]

Re: Advice First Time On this Forum Bailiffs Trouble

Hi, I have used the swipe card today and paid the fine in full to the courts. I was thinking last night as I have no letters only a phone call - as they have not sent me a letter yet, I have not owned the debt from the bailiffs. So when they come back I can just tell them its paid in full, because any correspondents now from them is after the date paid, would you say this is a fair comment. Thankyou for the advice and the letter. I couldnt sleep lastnight, my car is a new car paid for of my poorly dad, I was petrified they would take it. Thankyou.. I have just read the letter, I actually have never recieved anything from the bailiffs except a call. Would the letter be okay to send or is there another template for me to view.

[bluebottle]

Re: Advice First Time On this Forum Bailiffs Trouble

Marston Group hold an OFT Category F Debt Collection Licence. This means that they are bound by OFT Debt Collection Guidelines. From what you have posted, it is clearly-evident that they have committed the following breaches of the Guidelines and, consequently, Marstons Licence -

a. Contacting a debtor at work;
b. Deceptive behaviour;
c. Refusing to consider repayment proposals by the the debtor;
d. Misrepresentation of Authority.

And those are the ones I can readily-identify. I have no doubt there are more. Make sure you quote any breaches in complaints.

In addition to making a formal complaint to the HMCTS Regional Manager about Marstons, you should also make a formal complaint to your local Trading Standards Department and the OFT's Credit Fitness Team. In order to make a complaint to the Credit Fitness Team, email your complaint to enquiries@oft.gsi.gov.uk and insert the words CREDIT FITNESS in the subject box. Give a clear and concise resume of your complaint. You will need to quote the following information in your complaint -

Company Name: Marston Group Ltd
Credit Licence No.: 333059

You can email the complaint to OFT Credit Fitness over the weekend. The other complaints need to be made first thing on Monday morning. Expect Marstons to scream and stamp their feet when they realise they won't be getting any or very little in the way of fees. You could always tell them to go play with the trains on the nearest railway line.

[Hurricane Puffrose]

Re: Advice First Time On this Forum Bailiffs Trouble

Aww BB that means one of my mates has gotta powerwash bailiff off the lines

How about they play poke the fork in the power socket?!

[bluebottle]

Re: Advice First Time On this Forum Bailiffs Trouble

I agree, Puff. It would be a bit messy.:madgrin: As for the fork in the power-socket, a bit shocking, but at least things would be current.:madgrin:

[TUTTSI]

Re: Advice First Time On this Forum Bailiffs Trouble

At least you have paid now to the courts so there is absolutely no need for the Marston guy to call you back or visit you home. They tell such porkies at times just to get their fees paid and they are good at it humiliating people and causing great distress.

You are in good hands with the advice given to you already and if you follow the advice then you should get this matter resolved without Marstons calling you again. If they do you can tell them you are recotding the call that should stop them making further threats which is out of their remit. They have no proof that they called at your home, they left no letter and your 20 year old son can bear witness to this.

[bluebottle]

Re: Advice First Time On this Forum Bailiffs Trouble

Tell Marstons the fine has been paid in full and give them the payment reference from the court. That should stop them from attending your home. If they turn up regardless, then it would be pretty clear they were attempting to garner fees they were not entitled to charge. Get the complaints off to the OFT, Trading Standards and the HMCTS Regional Manager today.